摘要
在我国当前案卷审判方式下,刑事印证呈现出明显的书面印证特征。印证方法在实现事实查证功能的同时,也潜藏着错误累加的风险。书面印证违背了先单个证据独立审查,后全案证据相互印证的印证规律,错误累加效应因而难以避免。书面印证还会产生刺激、鼓励侦查机关制造"表面印证"的虚假案卷笔录的反向鼓励效应。在书面印证短期内难以抛弃的现状下,树立法官的单证审查意识,提高法官的单证审查能力,确立疑义出庭作证制度、庭上证言优先原则和审前证据展示制度,可以在一定程度上避免负效应的发生。
The mode of adjudication based on files causes verification by overlapping written evidence in criminal trial. Verification has the function to find out the truth of a case. In the meanwhile, it has the effect of increasing errors on adjudication. As verification by overlapping written evidence infracts the rule which all evidence of a case shall only be overlapped after each piece of evidence has been examined independently, the effect of increasing errors on adjudication is difficult to avoid. Verification by overlapping written evidence can also bring about the effect of reverse encouragement that investigation organs are prompted or encouraged to make false files or records. At present, it is impossible to abandon verification by overlapping written evidence in a short period. The ways to decrease these negative effects lie in raising judges＇ consciousness and ability to examine each piece of evidence singly, and establishing the system of testifying in court on doubtful points, the priority of examining testimony in court, and the system of discovery of evidence before trial.
出处
《浙江大学学报（人文社会科学版）》
CSSCI
北大核心
2009年第6期81-90,共10页
Journal of Zhejiang University:Humanities and Social Sciences
关键词
案卷审判
书面印证
错误累加效应
反向鼓励效应
单证审查
adjudication based on files
verification by overlapping written evidence
effect of increasing errors effect of reverse encouragement
examining each piece of evidence singly
